Terms of Service.
Effective May 22, 2017
Workstorm is created by workstorm.com, LLC and its affiliates and subsidiaries (individually and collectively, “Workstorm,” “we,” or “us”). You agree that by clicking “Sign Up” or “Log In” or similar, registering, accessing or using our services, including our related mobile apps, or any content or information provided as part of these services (collectively, “Services”), you are entering into a legally binding agreement with workstorm.com, LLC, its affiliates and subsidiaries to accept these terms (the “Agreement” or “Terms”).
You may not use the Services if you do not agree to these Terms.
1. Ground Rules.
By agreeing to these Terms, when using the services you agree to the following rules (“Ground Rules”):
- Not to engage in illegal activity;
- Not to engage in any activity that exploits, harms, or threatens children;
- Not to send spam, including unwanted instant messages, SMS messages; unsolicited bulk email or other messages;
- Not to use the Services to share or display inappropriate content;
- Not to use the Services for false or misleading purposes;
- Not to circumvent any restrictions on access to the Services;
- Not to engage in activity that is harmful to the Services;
- Not to engage in activity that is harmful to others (e.g., spreading a virus, harassing others);
- Not to infringe on the intellectual property rights of others;
- Not to violate the privacy of others; and
- Not to help another user engage in a violation of these Ground Rules.
If you violate these terms, Workstorm may stop providing Services to you. We may also close or block your account. In addition, Workstorm may block communications sent from or to you using the Services. We may also remove or refuse to publish Your Content for any reason. Workstorm reserves the right, in the course of investigating alleged violations of these terms, to review any of Your Content in order to resolve the issue.
3. Third Parties.
The Service may contain links to third-party websites, applications or other online services that are not owned or controlled by Workstorm. We do not control the content, privacy policies, or practices of any third-party websites. Please review the terms of service, including privacy policies, of such third parties.
4. User Accounts
Certain parts or features of the Services may require registration and creation of an account (“User Account”), or may otherwise ask you to provide information to participate in certain features or functionality of the Services. The decision to provide this information is purely voluntary and optional; however, if you elect not to provide such information, you may not be able to access certain features or functionality of the Services. You agree that you will not provide any false personal information to Workstorm in connection with the creation or use of your User Account. You agree that if you have an Individual User Account, you will not create a User Account for anyone other than yourself without their permission or the permission of Workstorm. You will also not create more than one User Account for yourself, and if you select a username for your account, we reserve the right to remove or reclaim it if we believe, in our sole discretion, that doing so is necessary or appropriate (for instance, if a trademark owner complains about a username). If you create a User Account, you are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access your User Account. You accept responsibility for all activities that occur under your User Account, email or password, if any, and agree that you will not sell, transfer or assign your access or any access rights. In addition, Enterprise Customers accept responsibility for the activities of Enterprise Users for whom they have created User Accounts. Workstorm may, in its sole discretion, and at any time, with or without notice, terminate your password, User Account, and access to the Services, for any reason or no reason at all. If we disable your User Account, you agree that you will not create another one without our permission.
5. NO WARRANTY.
a) THE SERVICE IS PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
b) WITHOUT LIMITATION, WORKSTORM DOES NOT WARRANT THAT THE SERVICE WILL OPERATE WITHOUT ERROR OR INTERRUPTION, OR THAT THE INFORMATION PROVIDED WILL BE COMPLETE OR ACCURATE. WORKSTORM DOES NOT WARRANT THE CONDUCT OF ANY USERS OR OTHER THIRD PARTIES.
6. Limitation of Liability for Damages.
a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WORKSTORM BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, OR LOST PROFITS, COST OF COVER, LOSS OF DATA, INTERRUPTION OF BUSINESS, RESULTING FROM THIS AGREEMENT, THE SERVICE, OPERATION OF THE SERVICE, ACTIONS REGARDING YOUR CONTENT, OR ACTIONS REGARDING THIRD PARTIES, REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING EXPRESS CONTRACT, IMPLIED CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR MISREPRESENTATION, AND WHETHER OR NOT WORKSTORM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WORKSTORM’S TOTAL LIABILITY TO YOU WILL BE LIMITED TO THE AMOUNTS YOU HAVE PAID WORKSTORM FOR ACCESS TO THE SERVICE.
b) BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THE LIABILITY OF WORKSTORM SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
BY USING THE SERVICES YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE RELEASED PARTIES HARMLESS FROM AND AGAINST ANY THIRD PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES, ARISING OUT OF OR RELATING TO: YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS HEREUNDER; YOUR VIOLATION OF THESE TERMS OF SERVICE OR ANY LAW; YOUR USE OF THE SERVICES AND/OR THE MATERIAL IN VIOLATION OF THESE TERMS OF SERVICE; INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER, BY ONE OF YOUR ENTERPRISE USERS, OR USER ACCOUNT, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON; ANY MISREPRESENTATION MADE BY YOU; AND/OR WORKSTORM’S USE OF YOUR INFORMATION. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN WORKSTORM’S DEFENSE OF ANY CLAIM. WORKSTORM RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF WORKSTORM.
8. Trademarks, Copyrights, & Restrictions
The Services and all of the content it contains, or may in the future contain, including but not limited to text, video, pictures, graphics, designs, information, applications, software, music, audio files, articles, directories, guides, photographs as well as the trademarks, service marks, trade names, trade dress, copyrights, logos, domain names, code, patents and/or any other form of intellectual property (collectively, the “Material”) that relates to the Services are owned by or licensed by Workstorm or other third parties and are protected from any unauthorized use, copying and dissemination by copyright, trademark and other intellectual property and non-intellectual property laws and by international treaties. Except as expressly permitted in writing by Workstorm, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute or exploit, in whole or in part, any of the Material. Nothing contained in these Terms or on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Material in any manner without the prior written consent of Workstorm or such third party that may own the Material or intellectual property displayed on the Services. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE MATERIAL IS STRICTLY PROHIBITED. Any use of the Material other than as permitted by these Terms will violate these Terms and may infringe upon our rights or the rights of the third party that owns the affected Material. You agree to report any violation of these Terms by others that you become aware of. You are advised that Workstorm will aggressively enforce its rights to the fullest extent of the law. Workstorm may add, change, discontinue, remove or suspend any of the Material at any time, without notice and without liability.
9. Third-Party Copyright
Workstorm respects the intellectual property rights of others and wishes to offer Services that contain no content that violates those rights. Our Terms of Service require that information submitted, uploaded, or otherwise transmitted to Workstorm in connection with the Services be lawful, accurate, and not in violation of any third party rights. In addition, Workstorm provides a process for submitting complaints concerning content provided by our users.
Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), Workstorm has implemented procedures for receiving written notification of claimed copyright infringement. Workstorm has a designated agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright has been infringed, you may submit a written notice (“DMCA Notice”) that contains
a) Your signature;
b) A description of the copyrighted work that you claim has been infringed;
c) Information sufficient to permit us to locate the material on our site. For example, a URL to a web address containing the allegedly infringing content.
d) Your email address, mailing address, and telephone number. Please note that we may provide your contact information and the contents of your report to the person who transmitted the content you are reporting. You may wish to use business contact information for contact by our users.
e) A statement by you that:
1. you have a good faith belief that the claimed infringing use is not authorized by the copyright owner, its agent, or by operation of law; and
2. the information in your DMCA Notice is accurate; and
3. you declare, under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the copyright owner.
Please submit the notice to our Copyright Agent at:
ATTN: Copyright Agent
27 N. Wacker Dr., #464
Chicago, IL 60606, USA
For any content that is removed under the notice and counter-notice procedures of the United States Digital Millennium Copyright Act (DMCA), we will include information to the person that provided the content that is removed about how to submit a counter-notification under the DMCA.
11. Choice of Law.
The Service is Located in and delivered from Chicago, Illinois. This Agreement is deemed entered into and performed in Chicago, Illinois. You agree that the Service is based in, and the Service is provided from, Chicago, Illinois. The Service shall be deemed a passive website that does not give rise to personal jurisdiction over Workstorm, either specific or general, in jurisdictions other than Cook County, Illinois. This Agreement shall be governed by the internal substantive laws of the State of Illinois without respect to its conflict of laws principles.
12. Place to Resolve Disputes.
If you live in (or, if a business, your principal place of business is in) the United States, the laws of the state where you live govern all claims, regardless of conflict of law principles, except that the Federal Arbitration Act governs all provisions relating to arbitration. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Cook County, Illinois, for all disputes arising out of or relating to these Terms or the Services that are heard in court (excluding arbitration and small claims court).
13. Disputes, Arbitration, and Class Action Waiver
Informal Resolution. We want to address your concerns without needing a formal legal dispute. Before you file a claim against Workstorm, you agree to try and resolve it informally by contacting email@example.com. We’ll try to work things out. If we cannot resolve the dispute within 30 days of your email to us, then either you or Workstorm may bring a formal proceeding.
Judicial Forums. You and Workstorm agree that any judicial proceeding relating to this Agreement or the Services will be brought in the federal or state courts of Cook County, Illinois.
You Must File Within One Year. Any action to resolve a dispute arising out of or related to this Agreement must be commenced within one (1) years after the date of the event giving rise to the claim. Otherwise, such causes of actions are permanently barred.
IF YOU ARE A UNITED STATES RESIDENT, YOU AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
We both agree to arbitrate. You and Workstorm agree to resolve any claims relating to this Agreement through final and binding arbitration, except:
a. Both Workstorm and You may file claims that qualify in small claims court, either in Chicago, Illinois or in any United States County where you live or work.
b. Both Workstorm and You may file claims for intellectual property infringement (such as trademark, copyright, patent, or trade secret) without engaging in the informal resolution or arbitration processes described above.
c. Both Workstorm and You may file solely for injunctive relief to stop unauthorized or abuse of the Services.
Arbitration Procedures: By using the Service in any way, you unconditionally consent and agree that any controversy or claim arising out of or relating to the Services or this Agreement, or the breach thereof, or the determination of the scope or applicability of this agreement to arbitrate shall be settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules (or if you are an individual, and for all disputes valued at less than $75,000, under AAA’s Consumer Arbitration Rules) and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. In addition, you agree that the arbitrator shall not have the power to award punitive damages against you or Workstorm.
Arbitration Fees: The American Arbitration Association’s rules govern the payment of all arbitration fees. Workstorm will pay all AAA arbitration fees for claims less than $25,000. If you receive an arbitration award that is more favorable than any offer we make to resolve the claim, we will pay you $1,000 more than the award. Workstorm will not seek attorneys’ fees and costs from you in arbitration unless the arbitrator determines that your claim is frivolous.
NO CLASS ACTIONS. You agree not to resolve disputes with Workstorm on an individual basis, and not as part of a class-action, private attorney-general action, or any other proceeding where another person acts in a representative capacity. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.
If The Arbitration Clause is Inapplicable or Unenforceable: If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the class action waiver contained herein is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Workstorm shall be entitled to arbitrate their dispute. If the agreement to arbitrate is found not inapplicable or unenforceable with respect to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in Cook County, Illinois.
14. No Implied Waiver.
No waiver by Workstorm shall be implied. Any waiver of any term of this Agreement must be in writing and signed by an officer of Workstorm.
If any portion of this Agreement is found to be unenforceable, such portion will be modified to reflect the parties' intention and only to the extent necessary to make it enforceable. The remaining provisions of this Agreement will remain in full force and effect.
16. International Considerations.
Workstorm makes no representations that the Service is appropriate or available for use in locations other than the United States. Those who access or use the Service from outside the U.S. do so at their own volition and are responsible for compliance with applicable laws.
Workstorm may assign, subcontract, delegate, and transfer its rights and obligations under this Agreement to a third party. You may not assign or transfer your account.
18. Force majeure.
Workstorm will not be liable for any failure or delay in its performance due to any cause beyond its reasonable control, including act of war, acts of God, acts of third party service providers, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act, power failure or failure of the Internet or computer equipment.
a) The Services are offered by Workstorm, 27 N. Wacker Drive, #464, Chicago, IL 60606 and email: firstname.lastname@example.org. If you are a California resident, you may have this Agreement emailed to you by sending a letter to the foregoing address with your email address and a request for this information and Agreement.
b) Workstorm may provide you with notices by email, first class mail, or postings to the Service. Notice is deemed given upon the earlier of (i) actual receipt, (ii) twenty-four (24) hours after an email is sent, (iii) three (3) days after first class mail is deposited with the U.S. Postal Service, or (iv) thirty (30) days after a notice is posted to the Service.
20. Entire Agreement.
The Services are intended for use by and benefit of organizations. If you are using the Services in a workplace or with an account issued to you by your employer or another organization ("Organization") that Organization likely has its own data policies that govern storage, access, modification, retention, and deletion of the information you provide through the Services. If your Organization has an Agreement with Workstorm, its terms are incorporated herein by reference.
This Agreement is the entire agreement between you and Workstorm relating to the stated subject matter. It can be modified by the parties in a writing signed by both parties, or by a change to these terms as expressly set forth in this Agreement.
21. Nature of Agreement.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
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